LRB-5511/1
SWB:cjs
2019 - 2020 LEGISLATURE
February 24, 2020 - Introduced by Representative Sinicki. Referred to Committee
on Health.
AB940,1,3
1An Act to amend 655.007; and
to create 655.0165 of the statutes;
relating to:
2claims for loss of society and companionship resulting from medical
3malpractice.
Analysis by the Legislative Reference Bureau
This bill adds adult children to the list of relatives that are entitled to sue for
wrongful death resulting from medical malpractice. Under current law, as stated in
Czapinski v. St. Francis Hospital, Inc., 236 Wis. 2d 316 (2000) and Lornson v.
Siddiqui, 302 Wis. 2d 519 (2007), an adult child does not have the right to recover
for the loss of society and companionship of a parent who dies as the result of medical
malpractice. This bill provides that both minor and adult children have the right to
recover for loss of society and companionship if the parent dies as the result of
medical malpractice.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB940,1
4Section 1
. 655.007 of the statutes is amended to read:
AB940,2,2
5655.007 Patients' claims. On and after July 24, 1975, any Any patient or the
6patient's representative having a claim or any spouse, parent, minor sibling
, or
adult
1or minor child of the patient having a derivative claim for injury or death on account
2of malpractice is subject to this chapter.
AB940,2
3Section 2
. 655.0165 of the statutes is created to read:
AB940,2,8
4655.0165 Claim by minor or adult child for loss of society and
5companionship. If a parent dies as the result of medical malpractice, a minor or
6adult child of that parent has a cause of action for damages for loss of society and
7companionship against the person who committed the medical malpractice. This
8section does not affect any other claim available under this chapter.
AB940,3
9Section 3
.
Initial applicability.
AB940,2,1110
(1) This act first applies to acts or omissions occurring on the effective date of
11this subsection.
